News & Analysis as of

Groundwater Mining

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Citizen Suit Action: Earthjustice Alleges U.S. Department of Interior Violations Approving Pinto Valley...

Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more

Brownstein Hyatt Farber Schreck

Tenth Circuit Weighs In on Maui’s “Functional Equivalent” Test

The Tenth Circuit became the second federal appellate court—after the Ninth Circuit—to analyze how federal district courts should evaluate whether a discharge of pollutants to groundwater is the “functional equivalent” of a...more

Snell & Wilmer

Arizona Natural Resources, Environment & Water Legislation Transmitted to the Governor

Snell & Wilmer on

The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law...more

Williams Mullen

Environmental Notes - May 2018

Williams Mullen on

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Snell & Wilmer

Ninth Circuit Decision Expands CWA to Indirect Discharges to Navigable Water

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On February 1, 2018, the 9th Circuit issued its ruling in Hawai’i Wildlife Fund v. County of Maui that expands coverage under the Federal Clean Water Act (CWA) to discharges of contaminants to groundwater that travel through...more

Best Best & Krieger LLP

Ninth Circuit Requires Evidence of No Injury, Recognizes Forfeiture of Pre-1919 Arizona Water Rights

A recent ruling from the U.S. Ninth Circuit Court of Appeals underscores the importance of beneficially using water, as currently recognized in California, to maintain state water rights. On June 13, a three-judge panel...more

Pierce Atwood LLP

Maine Board of Environmental Protection Unanimously Adopts Metallic Mineral Mining Rules

Pierce Atwood LLP on

On January 5th, the Maine Board of Environmental Protection (Board) unanimously voted to repeal existing Chapter 200 Metallic Mineral Exploration, Advanced Exploration and Mining rules and adopt new Chapter 200 rules to...more

Snell & Wilmer

New Mexico Files RCRA Notice of Intent to Sue EPA

Snell & Wilmer on

On January 14th, the State of New Mexico provided the legally required notice under the Federal Resource Conservation and Recovery Act (RCRA) to sue the United States Environmental Protection Agency (EPA), the State of...more

Allen Matkins

Renewable Energy Update - October 2015 #4

Allen Matkins on

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

King & Spalding

EPA Seeks Comment on National Enforcement Initiatives

King & Spalding on

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

Bergeson & Campbell, P.C.

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

Perkins Coie

The Animas Spill: EPA Liability and Insurance Coverage

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When a contractor for the Environmental Protection Agency accidentally released three million gallons of contaminated mining work wastewater into the Animas River in August 2015, the EPA immediately took responsibility, as it...more

Pierce Atwood LLP

2015 Summary of Key Maine Environmental Legislation

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The Pierce Atwood Environmental and Land Use Practice Group is pleased to provide the 2015 Summary of Key Maine Environmental Legislation enacted or carried over in the First Regular Session of Maine's 127th Legislature...more

Latham & Watkins LLP

Proposed Rule from US Department of the Interior Increases Pressure on Coal Mining Industry

Latham & Watkins LLP on

On July 27, 2015, the US Department of the Interior, through its Office of Surface Mining Reclamation and Enforcement (OSMRE), proposed to revise regulations adopted under the Surface Mining Control and Reclamation Act of...more

Stoel Rives LLP

Status of Oil and Gas-related Bills Proposed in California’s 2015-2016 Legislative Session

Stoel Rives LLP on

February 27, 2015 was the deadline for lawmakers to introduce legislation to the 2015-2016 California Legislative Session and several bills related to oil and gas activities were introduced.  Below is a summary of those...more

Perkins Coie

Use Of Project-Specific Significance Thresholds Does Not Violate CEQA

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The first published California Environmental Quality Act case of 2013, Save Cuyama Valley v. County of Santa Barbara, strongly endorsed a lead agency’s authority to use its own, project-specific significance thresholds in an...more

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